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Chiropody Act, 1991
Loi de 1991 sur les podologues

ONTARIO REGULATION 203/94

Amended to O. Reg. 248/99

GENERAL

Historical version for the period April 27, 1999 to August 14, 2006.

This Regulation is made in English only.

PART I
APPOINTMENT OF NON-COUNCIL MEMBERS TO COMMITTEES OF THE COLLEGE

1. This Part applies with respect to the appointment of members who are not members of the Council to a committee of the College. O. Reg. 203/94, s. 1; O. Reg. 746/94, s. 1.

2. (1) The Council shall appoint members to committees in the numbers prescribed by regulation. O. Reg. 203/94, s. 2 (1).

(2) In appointing a member to a committee, the Council shall take into account geographical representation on the committee, the experience and knowledge of the member and any other attributes of the member in order to complement the attributes of members of the committee who are members of Council. O. Reg. 203/94, s. 2 (2).

(3) The Council shall make the appointments at the first regular Council meeting after a Council election. O. Reg. 203/94, s. 2 (3).

3. (1) The term of office of a committee member appointed under this Part is three years starting on the date the appointment is made. O. Reg. 203/94, s. 3 (1); O. Reg. 746/94, s. 1.

(2) No member may be appointed to a committee under this Part for more than six consecutive years. O. Reg. 203/94, s. 3 (2); O. Reg. 746/94, s. 1.

(3) A member who has been appointed to a committee and served two consecutive terms is not eligible to be reappointed until at least three years have passed since the expiry of the member’s previous appointment. O. Reg. 203/94, s. 3 (3).

4. A member is eligible for appointment to a committee if, on the date of the appointment,

(a) the member practises chiropody in Ontario, or if the member does not practise chiropody, the member is resident in Ontario;

(b) the member is not in default of payment of any prescribed fees;

(c) the member is not the subject of any disciplinary or incapacity proceeding;

(d) the member’s certificate of registration has not been revoked or suspended in the six years preceding the date of the appointment as a result of a professional misconduct, incompetence or incapacity proceeding;

(e) the member’s certificate of registration is not subject to a term, condition or limitation imposed as a result of a professional misconduct, incompetence or incapacity proceeding;

(f) the member has not already served six consecutive years as a non-council member appointed to the committee under this Part; and

(g) the member is not a member of the board of directors of the Ontario Society of Chiropodists or the Ontario Podiatry Association. O. Reg. 203/94, s. 4; O. Reg. 746/94, s. 1.

5. (1) The Council shall disqualify a member appointed to a committee from sitting on the committee if, during his or her term, the member,

(a) is found by a panel of the Discipline Committee to have committed an act of professional misconduct or to be incompetent;

(b) is found to be an incapacitated member by a panel of the Fitness to Practise Committee;

(c) is in default of payment of any prescribed fees;

(d) is the subject of any disciplinary or incapacity hearing;

(e) fails, without reasonable cause, to attend two consecutive meetings of the committee of which he or she is a member;

(f) fails, without reasonable cause, to attend a hearing of a panel for which he or she has been selected;

(g) neither practises nor resides in Ontario; or

(h) becomes a member of the board of directors of the Ontario Society of Chiropodists or the Ontario Podiatry Association. O. Reg. 203/94, s. 5 (1).

(2) A member who is disqualified under subsection (1) from sitting on a committee ceases to be a member of the committee. O. Reg. 203/94, s. 5 (2).

6. In the case of the resignation or of the disqualification under section 5 of a member appointed to a committee under this Part, the Council shall appoint a member who is not a member of the Council to the committee to complete the term of the previously appointed member. O. Reg. 203/94, s. 6; O. Reg. 746/94, s. 1.

PART II
ADVERTISING

7. (1) An advertisement with respect to a member’s practice must not contain,

(a) anything that is false, misleading or self laudatory;

(b) anything that, because of its nature, cannot be verified;

(c) an endorsement other than an endorsement by an organization that is known to have expertise relevant to the subject-matter of the endorsement;

(d) any testimonial;

(e) a reference to a drug or to a particular brand of equipment used to provide health services;

(f) a claim or guarantee as to the quality or effectiveness of services provided;

(g) anything that promotes or is likely to promote the excessive or unnecessary use of services. O. Reg. 746/94, s. 2.

(2) An advertisement must be readily comprehensible to the persons to whom it is directed. O. Reg. 746/94, s. 2.

8. (1) In any advertisement, a member who is registered as a chiropodist shall clearly identify himself or herself as a chiropodist and a member who is registered as a podiatrist shall clearly identify himself or herself as a podiatrist. O. Reg. 746/94, s. 2.

(2) No member shall hold himself or herself out,

(a) as a chiropodist unless the member is registered as a chiropodist; or

(b) as a podiatrist unless the member is registered as a podiatrist. O. Reg. 746/94, s. 2.

9. No member shall indicate after his or her name,

(a) a diploma or degree other than a diploma or degree held by the member; and

(b) the word “chiropodist” if the member is not registered as a chiropodist or the word “podiatrist” if the member is not registered as a podiatrist. O. Reg. 746/94, s. 2.

10. A member shall not contact or communicate individually with, or cause or allow any person to contact or communicate individually with, a potential patient either in person, by telephone, by mail or by any other means of individualized communication, in an attempt to solicit business. O. Reg. 746/94, s. 2.

11. No member shall appear in, or permit the use of the member’s name in, an advertisement that is for a purpose other than the promotion of the member’s own practice if the advertisement implies, or could be reasonably interpreted to imply, that the professional expertise of the member is relevant to the subject-matter of the advertisement. O. Reg. 746/94, s. 2.

12. A member shall not advertise or permit advertising with respect to the member’s practice in contravention of this Part. O. Reg. 746/94, s. 2.

PART III
RECORDS

13. (1) A member shall, in relation to his or her practice, take all reasonable steps necessary to ensure that records are kept in accordance with this Part. O. Reg. 746/94, s. 2.

(2) Reasonable steps under subsection (1) shall include the verification by the member, at reasonable intervals, that the records are kept in accordance with this Part. O. Reg. 746/94, s. 2.

14. A daily appointment record shall be kept that sets out the name of each patient whom the member examines or treats or to whom the member renders any service. O. Reg. 746/94, s. 2.

15. An equipment service record shall be kept that sets out the servicing for every potentially hazardous piece of equipment used to examine, treat or render any service to patients. O. Reg. 746/94, s. 2.

16. (1) If a patient is charged a fee, a financial record shall be kept for the patient. O. Reg. 746/94, s. 2.

(2) The financial record must contain,

(a) the patient’s name and address;

(b) the date the service was rendered; and

(c) the fees charged to and received from or on behalf of the patient. O. Reg. 746/94, s. 2.

17. (1) A patient health record shall be kept for each patient. O. Reg. 746/94, s. 2.

(2) The patient health record must include the following:

1. The patient’s name and address.

2. The date of each of the patient’s visits to the member.

3. The name and address of the primary care physician and any referring health professional.

4. A history of the patient.

5. Reasonable information about every examination performed by the member and reasonable information about every clinical finding, diagnosis and assessment made by the member.

6. Reasonable information about every order made by the member for examinations, tests, consultations or treatments to be performed by any other person.

7. Every written report received by the member with respect to examinations, tests, consultations or treatments performed by other health professionals.

8. Reasonable information about all significant advice given by the member and every pre and post-operative instruction given by the member.

9. Reasonable information about every post-operative visit.

10. Reasonable information about every controlled act, within the meaning of subsection 27 (2) of the Regulated Health Professions Act, 1991, performed by the member.

11. Reasonable information about every delegation of a controlled act within the meaning of subsection 27 (2) of the Regulated Health Professions Act, 1991, delegated by the member.

12. Reasonable information about every referral of the patient by the member to another health professional, service or agency.

13. Any pertinent reasons a patient may give for cancelling an appointment.

14. Reasonable information about every procedure that was commenced but not completed, including reasons for the non-completion.

15. A copy of every written consent. O. Reg. 746/94, s. 2.

(3) Every part of a patient health record must have a reference identifying the patient or the patient health record. O. Reg. 746/94, s. 2.

(4) The member shall be personally responsible for all things recorded in relation to a patient, including all treatments, orders, advice and referrals and the member responsible and the author of the record should both be identified in the record. O. Reg. 746/94, s. 2.

(5) Every patient health record shall be retained for at least 10 years following,

(a) the patient’s last visit; or

(b) if the patient was less than 18 years old at the time of his or her last visit, the day the patient became or would have become 18 years old. O. Reg. 746/94, s. 2.

18. (1) It is an act of professional misconduct for the purpose of clause 51 (1) (c) of the Health Professions Procedural Code if a member fails to provide access to or copies from a patient health record for which the member has primary responsibility as required by this section. O. Reg. 746/94, s. 2.

(2) A member shall provide access to and shall provide copies from a patient health record over which the member has custody and control to any of the following persons upon their request:

1. The patient.

2. A personal representative who is authorized by the patient to obtain copies from the record.

3. If the patient is dead, the patient’s legal representative.

4. If the patient lacks capacity to give an authorization described in paragraph 2,

i. a committee of the patient appointed under the Mental Incompetency Act,

ii. a person to whom the patient is married,

iii. a person of the opposite or same sex, with whom the patient is living in a conjugal relationship outside marriage, if the patient and the person,

A. have cohabited for at least one year,

B. are together the parents of a child, or

C. have together entered into a cohabitation agreement under section 53 of the Family Law Act,

iv. the patient’s son or daughter,

v. the patient’s parents. O. Reg. 746/94, s. 2.

(3) It is not an act of professional misconduct under paragraph 2 of subsection (2) for a member to refuse to provide copies from a patient health record until the member is paid a reasonable fee. O. Reg. 746/94, s. 2.

(4) A member may provide copies from a patient health record for which the member has primary responsibility to any person authorized by a person to whom the member is required to provide copies under subsection (2). O. Reg. 746/94, s. 2.

(5) A member may, for the purpose of providing health care or assisting in the provision of health care to a patient, allow a health care professional to examine the patient health record or give a health professional any information, copy or thing from the record. O. Reg. 746/94, s. 2.

(6) A member may provide information or copies from a patient health record to a person if,

(a) the information or copies are to be used for health administration or planning or health research or epidemiological studies;

(b) the use of the information or copies is in the public interest as determined by the Minister; and

(c) anything that could identify the patient is removed from the information or copies. O. Reg. 746/94, s. 2.

19. (1) A record required to be kept under this Part may be kept by means of an electronic or optical storage system. O. Reg. 746/94, s. 2.

(2) The electronic or optical storage system referred to in subsection (1) shall be designed and operated so as to ensure that all reports are secure from loss, tampering, interference or unauthorized use or access. O. Reg. 746/94, s. 2.

20. It is an act of professional misconduct for the purpose of clause 51 (1) (c) of the Health Professions Procedural Code for a member to fail to take reasonable steps, before resigning as a member or ceasing to reside in Ontario, to ensure that for each patient health record for which the member has primary responsibility,

(a) the record is transferred to another member; or

(b) the patient is notified that the member intends to resign and that the patient can obtain copies from the patient health record. O. Reg. 746/94, s. 2.

PART IV (ss. 21-24) Revoked: O. Reg. 248/99, s. 1.

21. Revoked: O. Reg. 248/99, s. 1.

22. Revoked: O. Reg. 248/99, s. 1.

23. Revoked: O. Reg. 248/99, s. 1.

24. Revoked: O. Reg. 248/99, s. 1.

PART V
QUALITY ASSURANCE

General

25. In this Part,

“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee;

“evaluation” means a program designed to evaluate the member’s knowledge, skills and judgment;

“practice assessment” means an assessment of a member’s care of patients, the member’s records of the care of patients or the premises where the member practises. O. Reg. 183/99, s. 1.

26. (1) The Committee shall administer the quality assurance program, which shall include the following components:

1. Self-assessment and continuing education.

2. Practice assessment.

3. Evaluation and remediation.

4. Assessment and remediation of behaviour and remarks of a sexual nature. O. Reg. 183/99, s. 1.

(2) Every member shall comply with the requirements of the quality assurance program that apply to him or her. O. Reg. 183/99, s. 1.

(3) The self-assessment and continuing education component, the practice assessment component and the evaluation and remediation component apply only to members who hold a general certificate of registration. O. Reg. 183/99, s. 1.

(4) The remediation component referred to in paragraph 4 of subsection (1) applies to all members. O. Reg. 183/99, s. 1.

27. (1) A panel of the Committee shall be composed of at least three members of the Committee selected by the chair, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council. O. Reg. 183/99, s. 1.

(2) If a member of the panel becomes ill or is otherwise unable to continue as a member of the panel,

(a) the remaining members may continue to act as if the panel were fully constituted; or

(b) the chair may appoint another member to replace the member who is unable to act. O. Reg. 183/99, s. 1.

(3) A panel of the Committee may act on behalf of the Committee with respect to any matter that arises under this Part. O. Reg. 183/99, s. 1.

Self-Assessment and Continuing Education

28. (1) The self-assessment and continuing education requirements shall be set out in the quality assurance policy that is approved by Council and published and distributed to the members. O. Reg. 183/99, s. 1.

(2) On being registered or on being reinstated, the member becomes subject to, and shall comply with, the self-assessment and continuing education requirements set out in the policy referred to in subsection (1). O. Reg. 183/99, s. 1.

(3) If a member is registered or reinstated at any time after the beginning of a continuing education cycle, the number of continuing education credits that the member is required to obtain during the cycle is prorated to the time remaining in the cycle at the time of the registration or reinstatement. O. Reg. 183/99, s. 1.

29. (1) A member shall maintain a record of his or her self-assessments and continuing education activities and submit them to the College upon request. O. Reg. 183/99, s. 1.

(2) If a member fails to submit the records referred to in subsection (1) when requested to do so, the Registrar shall refer the matter to the Committee and notify the member in writing that this has been done and that the member may make written submissions to the Committee within 30 days after receiving the notice. O. Reg. 183/99, s. 1.

(3) After considering the member’s written submissions, if any, the Committee may,

(a) grant the member an extension for a specified period of time during which the member shall submit the records;

(b) require the member to undergo a practice assessment by an assessor in accordance with section 30. O. Reg. 183/99, s. 1.

(4) If the member submits the records but fails to meet the self-assessment and continuing education requirements set out in the quality assurance policy approved by Council, the Registrar shall refer the matter to the Committee and notify the member in writing that this has been done and that the member may make written submissions to the Committee within 30 days after receiving the notice. O. Reg. 183/99, s. 1.

(5) After considering the member’s written submissions, if any, the Committee may,

(a) grant the member an extension for a specified period of time during which the member shall comply with the requirements;

(b) grant the member an exemption from some or all of the requirements; or

(c) require the member to undergo a practice assessment by an assessor in accordance with section 30. O. Reg. 183/99, s. 1.

(6) If an extension granted under clause (3) (a) or (5) (a) elapses without the member having provided satisfactory evidence of having satisfied the requirements, the Committee may require the member to undergo a practice assessment by an assessor in accordance with section 30. O. Reg. 183/99, s. 1.

(7) The Committee may appoint one or more assessors to perform one or more of the following:

1. Monitor participation in and compliance with the self-assessment and continuing education requirements.

2. Conduct a practice assessment under section 30.

3. Conduct an evaluation under section 31. O. Reg. 183/99, s. 1.

Practice Assessment

30. (1) A member is required to undergo a practice assessment under this section if,

(a) the member is selected at random under subsection (2);

(b) the member has been referred to the Committee by the Executive Committee, the Discipline Committee or the Complaints Committee; or

(c) the member has been referred under clause 29 (3) (b) or (5) (c), or under subsection 29 (6). O. Reg. 183/99, s. 1.

(2) The College shall select at random the names of holders of general certificates required to undergo a practice assessment. O. Reg. 183/99, s. 1.

(3) A practice assessment shall be conducted by an assessor, who shall prepare a written report on his or her findings and submit it to the Committee. O. Reg. 183/99, s. 1.

(4) The Committee shall provide the member with a copy of the assessor’s report. O. Reg. 183/99, s. 1.

(5) The member shall have at least 14 days to make written submissions in response to the report. O. Reg. 183/99, s. 1.

(6) After considering the assessor’s findings and the submissions of the member, if any, the Committee may do one or both of the following if the report identifies deficiencies in the member’s practice:

1. Recommend to the member ways in which the deficiencies may be corrected.

2. Require the member to undergo an evaluation. O. Reg. 183/99, s. 1.

(7) If the Committee takes action under paragraph 1 of subsection (6), the Committee may require a reassessment of the member’s practice, and subsections (3), (4), (5) and (6) apply to the reassessment. O. Reg. 183/99, s. 1.

(8) A member whose practice has been reassessed under subsection (7) may not be reassessed again. O. Reg. 183/99, s. 1.

Evaluation and Remediation

31. (1) A member is required to undergo an evaluation under this section if,

(a) the member has been referred to the Committee by the Executive Committee, the Discipline Committee or the Complaints Committee; or

(b) the member is required to undergo an evaluation pursuant to paragraph 2 of subsection 30 (6). O. Reg. 183/99, s. 1.

(2) An evaluation shall be conducted by an assessor, who shall prepare a written report on his or her findings and submit it to the Committee. O. Reg. 183/99, s. 1.

(3) The Committee shall provide the member with a copy of the assessor’s report. O. Reg. 183/99, s. 1.

(4) The member shall have at least 14 days to make written submissions in response to the report. O. Reg. 183/99, s. 1.

(5) After considering the report and the member’s submissions, if any, the Committee may, if it finds that the member’s knowledge, skills or judgment are unsatisfactory, do one or more of the following:

1. Direct the member to participate in a specified remedial program.

2. Direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. O. Reg. 183/99, s. 1.

(6) A member who has been required to participate in a remedial program may be required to undergo another evaluation, and subsections (2), (3), (4) and (5) apply to that evaluation. O. Reg. 183/99, s. 1.

(7) A member who has been re-evaluated under subsection (6) may not be re-evaluated again. O. Reg. 183/99, s. 1.

(8) If the member fails to participate in a specified remedial program or fails to complete the program successfully, the Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration for a specified period not exceeding six months. O. Reg. 183/99, s. 1.

(9) If the Registrar imposes terms, conditions or limitations on the member’s certificate of registration for a specified period pursuant to a direction given by the Committee under paragraph 2 of subsection (5) or under subsection (8), the Committee may direct the Registrar to remove the terms, conditions or limitations before the end of the specified period if it is satisfied that the member’s knowledge, skills and judgment are now satisfactory. O. Reg. 183/99, s. 1.

(10) No direction shall be given to the Registrar under paragraph 2 of subsection (5) or under subsection (8) unless the member has been given notice of the Committee’s intention to give the direction and the member has been given at least 14 days to make written submissions to the Committee. O. Reg. 183/99, s. 1.

Assessment and Remediation of Behaviour or Remarks of a Sexual Nature

32. (1) This section applies to matters relating to sexual abuse as defined in clause 1 (3) (c) of the Health Professions Procedural Code that are referred to the Committee by,

(a) a panel of the Complaints Committee under paragraph 4 of subsection 26 (2) of the Code; or

(b) the Executive Committee, Complaints Committee or Board under section 79.1 of the Code. O. Reg. 183/99, s. 1.

(2) The Committee may require a member to undergo a psychological assessment or another assessment specified by the Committee if a matter respecting the member is referred as provided in subsection (1). O. Reg. 183/99, s. 1.

(3) After receiving the report of an assessment referred to in subsection (2), the Committee may require the member to undertake specified measures such as education, therapy or counselling, if

(a) the Committee is of the opinion that the measures will help the member to refrain from such behaviour or remarks; and

(b) the member has been given written notice of the Committee’s intention to require the member to undertake measures, a copy of the report and at least 14 days to make written submissions to the Committee. O. Reg. 183/99, s. 1.

(4) If the member makes written submissions, the Committee shall take them into account before requiring the member to undertake specified measures. O. Reg. 183/99, s. 1.

(5) If the member refuses to undergo an assessment under subsection (2) or to undertake specified measures under subsection (3), or fails to complete those measures, the Committee may direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a period not exceeding six months. O. Reg. 183/99, s. 1.

(6) The Committee shall not give a direction under subsection (5) unless the member has been given notice of the Committee’s intention and at least 14 days to make written submissions to the Committee. O. Reg. 183/99, s. 1.

(7) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration under subsection (5), the Committee may direct the Registrar to remove them before the end of the specified period if the Committee is satisfied that they are no longer needed. O. Reg. 183/99, s. 1.

PART VI
NOTICE OF MEETINGS AND HEARINGS

33. (1) The Registrar shall ensure that notice of every Council meeting that is required to be open to the public under the Act is given in accordance with this Part. O. Reg. 183/99, s. 1.

(2) The notice shall be published in a daily newspaper of general circulation throughout Ontario at least 14 days before the date of the meeting. O. Reg. 183/99, s. 1.

(3) The notice shall be in English and French. O. Reg. 183/99, s. 1.

(4) The notice shall include the intended date, time and place of the meeting and indicate its purpose. O. Reg. 183/99, s. 1.

(5) The Registrar shall give notice of Council meetings to every person who requests it. O. Reg. 183/99, s. 1.

34. (1) The Registrar shall ensure that information concerning every hearing into allegations of professional misconduct or incompetence held by a panel of the Discipline Committee is given to every person who requests it. O. Reg. 183/99, s. 1.

(2) The information to be provided must include the name of the member against whom the allegations have been made, his or her principal place of practice, the intended date, time and place of the hearing and a summary of the allegations. O. Reg. 183/99, s. 1.

(3) For requests received more than 30 days before the date of the hearing, the Registrar shall, where possible, provide the information at least 30 days before that date. O. Reg. 183/99, s. 1.

(4) For requests received less than 30 days before the date of the hearing, the Registrar shall provide the information as soon as reasonably possible before that date. O. Reg. 183/99, s. 1.

(5) The information provided must be in English or, upon request, in French. O. Reg. 183/99, s. 1.

PART VII
COMMUNICATION AND PUBLICATION OF PANEL DECISIONS

35. The Registrar shall communicate the decision of a panel of the Fitness to Practise Committee, the reasons for decision or a summary of the reasons, to the complainant, if any, upon the release of the decision. O. Reg. 183/99, s. 1.

36. (1) The College shall publish the decisions of the Fitness to Practise Committee and the reasons for decision, or a summary of such reasons, in its annual report and may publish the decisions and reasons or summary in any other publication of the College. O. Reg. 183/99, s. 1.

(2) In publishing the information mentioned in subsection (1), the College shall publish the name of the member who was the subject of the proceeding if the result of the proceeding may be obtained by a person from the Register under subsection 23 (3) of the Health Professions Procedural Code. O. Reg. 183/99, s. 1.